[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Notices]
[Pages 49523-49524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19982]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-617]
In the Matter of Certain Digital Television Products and Certain
Products Containing Same and Methods of Using Same; Notice of
Commission Determination To Rescind a Limited Exclusion Order and Cease
and Desist Order Against Certain Respondents
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to rescind a limited exclusion order and
cease and desist order issued in the above-captioned investigation with
respect to Vizio, Inc.(``Vizio'') and AmTran Technology Co.,
Ltd.(``AmTran'').
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-2301. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street, SW., Washington, DC
20436, telephone (202) 205-2000. General information concerning the
Commission may also be obtained by accessing its Internet server at
http://www.usitc.gov. The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on November 15, 2007, based on a complaint filed by Funai Electric Co.,
Ltd. of Japan and Funai Corporation of Rutherford, New Jersey
(collectively ``Funai'') against several respondents including Vizio
and AmTran. 72 FR 64240 (2007). The complaint alleged violations of
Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in
the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain digital
television products and certain products containing same by reason of
infringement of one or more claims of U.S. Patent Nos. 6,115,074 (``the
`074 patent'') and 5,329,369 (``the `369 patent'').
On April 10, 2009, the Commission terminated this investigation
with a finding of violation of Section 337 by reason of infringement of
claims 1, 5, and 23 of the `074 patent. 74 FR 17511 (2009). The
Commission determined that the appropriate form of relief is (1) a
limited exclusion order under 19 U.S.C. 1337(d)(1) prohibiting the
unlicensed entry of certain digital television products and certain
products containing the same that infringe one or more of claims 1, 5,
and 23 of the `074 patent, and are manufactured abroad by
[[Page 49524]]
or on behalf of, or imported by or on behalf of the respondents,
including Vizio and AmTran, or any of their affiliated companies,
parents, subsidiaries, or other related business entities, or any of
their successors or assigns; and (2) cease and desist orders directed
to several respondents, including Vizio.
On August 14, 2009, Funai filed a complaint, asserting that certain
respondents, including and Suzhou Raken Technology, Ltd. (``Suzhou''),
have violated the Commission's limited exclusion order and cease and
desist orders and seeking enforcement under Commission Rule 210.75 (19
CFR 210.75) and temporary emergency action under Commission Rule 210.77
(19 CFR 210.77). Suzhou is a joint venture company established in
September 2009 by AmTran and LG Display Co., Ltd. Funai included Suzhou
in its enforcement complaint pursuant to the provisions in the limited
exclusion order that cover ``affiliated companies, parents,
subsidiaries, or other related business entities'' and the provisions
in the Cease and Desist orders that applies to ``controlled (whether by
stock ownership or otherwise) and majority owned business entities
engaging in [prohibited conduct], for, with, or otherwise on behalf
of'' a named Respondent. Funai accused Suzhou of selling infringing
digital televisions sold under at least the brand names Vizio[supreg]
and Gallevia[supreg] in China and then importing them into the United
States.
On May 25, 2010, Funai and Vizio, AmTran, and Suzhou (collectively
``the Vizio Respondents'') filed a joint motion to terminate the
investigation and the enforcement proceeding as to the Vizio
Respondents based on a settlement agreement. On May 28, 2010, the ALJ
issued an ID granting the joint motion. On June 18, 2010, the
Commission determined not to review the ID.
On June 29, 2010, Funai and the Vizio Respondents filed a joint
motion for rescission of the remedial orders against Vizio and AmTran
pursuant to the settlement agreement. On July 7, 2010, the Commission
investigative attorney filed a response supporting the motion.
Having reviewed the parties' submissions, the Commission has
determined that the settlement agreement satisfies the requirement of
Commission Rule 210.76 (a)(1) (19 CFR 210.76(a)(1)) that there be
changed conditions of fact or law. The Commission therefore has issued
an order rescinding the limited exclusion order and cease and desist
orders previously issued in this investigation with respect to Vizio
and AmTran.
The authority for the Commission's determination is contained in
Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in section 210.76(a)(1) of the Commission's Rules of Practice and
Procedure (19 CFR 210.76(a)(1)).
By order of the Commission.
Issued: August 9, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-19982 Filed 8-12-10; 8:45 am]
BILLING CODE 7020-02-P